What is the ruling on the deferred mahr?
Machine translationRead the Arabic original
The questioner : What is the ruling on the deferred portion?
The Shaykh : Its ruling is the same as the immediate portion.
The questioner : Is it permissible?
The Shaykh : Indeed, it is obligatory.
The questioner : Obligatory.
The Shaykh : But before you move on, before you move on to another issue, is your question that it is permissible in the sense that it is obligatory to pay it, or is your question: is it permissible to divide the mahr into an immediate and a deferred portion? Because each of these two meanings has its own answer. So what did you intend by your question when you asked if it is permissible? I told you, no, it is obligatory. And before that, I said it is like the immediate portion, meaning that it must be fulfilled. But perhaps you mean: is it permissible to divide the mahr into an immediate and a deferred portion?
The questioner : Yes, that is what is intended.
The Shaykh : That is what is intended? I will tell you: dividing the mahr into this division is, in principle, an unjust division, meaning an unfair and inequitable division, except in one case. This one case is when the mahr, the one who is supposed to pay it, and he is the suitor, does not find it readily available to him, so he makes it two portions, immediate and deferred. This is permissible, just as it is permissible to make the entire mahr deferred.
The questioner : It is permissible.
The Shaykh : The entire amount deferred.
The questioner : Meaning it is permissible.
The Shaykh : O Shaykh, may Allah guide you, do not rush. Did you understand my first answer?
The questioner : Yes, Shaykh.
The Shaykh : I do not think you did. And I am now putting you to the test. What did you understand from me?
The questioner : That the division of the mahr, this division, is in principle, as I said, an unfair division.
The Shaykh: And that is...
The questioner : Yes, and that it is permissible to divide it. It is permissible to divide the deferred mahr into two portions, immediate and deferred, if he is unable to pay it all in the immediate portion.
The Shaykh: All right.
The questioner : He may make it deferred.
The Shaykh : Yes, and what I said is that it is permissible to make it all deferred. What is that?
The questioner : The entire mahr, correct.
The Shaykh : Did you understand in which case?
The questioner : In which case?
The Shaykh : Yes.
The questioner : I do not know.
The Shaykh : This is the problem. I told you it is not permissible in principle, as long as he is able to pay it all immediately. But if he is unable to pay it all immediately, he makes it immediate and deferred, because he is unable to do so. On this principle, we say: if he is unable to pay any of it immediately at all, it is permissible to make it all deferred. Perhaps you understood me?
The questioner: May Allah reward you with good, Shaykh.
The Shaykh : And may Allah protect you, if Allah wills.
The Shaykh : Its ruling is the same as the immediate portion.
The questioner : Is it permissible?
The Shaykh : Indeed, it is obligatory.
The questioner : Obligatory.
The Shaykh : But before you move on, before you move on to another issue, is your question that it is permissible in the sense that it is obligatory to pay it, or is your question: is it permissible to divide the mahr into an immediate and a deferred portion? Because each of these two meanings has its own answer. So what did you intend by your question when you asked if it is permissible? I told you, no, it is obligatory. And before that, I said it is like the immediate portion, meaning that it must be fulfilled. But perhaps you mean: is it permissible to divide the mahr into an immediate and a deferred portion?
The questioner : Yes, that is what is intended.
The Shaykh : That is what is intended? I will tell you: dividing the mahr into this division is, in principle, an unjust division, meaning an unfair and inequitable division, except in one case. This one case is when the mahr, the one who is supposed to pay it, and he is the suitor, does not find it readily available to him, so he makes it two portions, immediate and deferred. This is permissible, just as it is permissible to make the entire mahr deferred.
The questioner : It is permissible.
The Shaykh : The entire amount deferred.
The questioner : Meaning it is permissible.
The Shaykh : O Shaykh, may Allah guide you, do not rush. Did you understand my first answer?
The questioner : Yes, Shaykh.
The Shaykh : I do not think you did. And I am now putting you to the test. What did you understand from me?
The questioner : That the division of the mahr, this division, is in principle, as I said, an unfair division.
The Shaykh: And that is...
The questioner : Yes, and that it is permissible to divide it. It is permissible to divide the deferred mahr into two portions, immediate and deferred, if he is unable to pay it all in the immediate portion.
The Shaykh: All right.
The questioner : He may make it deferred.
The Shaykh : Yes, and what I said is that it is permissible to make it all deferred. What is that?
The questioner : The entire mahr, correct.
The Shaykh : Did you understand in which case?
The questioner : In which case?
The Shaykh : Yes.
The questioner : I do not know.
The Shaykh : This is the problem. I told you it is not permissible in principle, as long as he is able to pay it all immediately. But if he is unable to pay it all immediately, he makes it immediate and deferred, because he is unable to do so. On this principle, we say: if he is unable to pay any of it immediately at all, it is permissible to make it all deferred. Perhaps you understood me?
The questioner: May Allah reward you with good, Shaykh.
The Shaykh : And may Allah protect you, if Allah wills.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.